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On going maintenance case waiting on trails


11-May-2024 (In Divorce Law)
There is an on going maintenance case. Wife didn't come for 2 conciliations. She didn't come on 2 dates for her cross examinations. Her lawyer has asked for another date. How long this can go like this? Also will it work against me if i file for divorce at this stage. We have been separate for 8 years now.
Answers (3)

Answer #1
729 votes
1. your wife did not come for 2 dates before the court and her advocate asked for another date. the court gives 3 dates based on the reason given by the advocate. 2. you can file divorce case at any stage, it doesn't matter when you are filing divorce case. divorce case is based on the ground. court grand divorce based on the reason. 3. you and your wife separation for 8 long years is also a ground to file divorce case.
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Answer #2
871 votes
you can file for divorce, further if your wife is not attending the court your lawyer will represent and request the court to dismiss the case for non prosecution, the court is likely to give a date or two as last chance, the court has power to dismiss the case but normally it gives some time before doing it. your lawyer can request to dismiss, the court will decide whether to dismiss it or not.
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Answer #3
894 votes
Dear Sir, You can immediately file Divorce case on the ground of cruelty and desertion. There is every hope for you to get divorce as your wife deserted you and staying separately for the last eight years. However, you have to pay some alimony instead of maintenance to see the end result.
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